Akula Srinivas - H.U.F. v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO , (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF NOVEN/BER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRIJUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 30023 OF 2021 Between:

Akula Srinivas - H.U.F., represented by its Karta, Akula Srinivas, S/o Akula Sudershan, Aged about 53 years, Occ: Business, Ri/o Plot No.314, Road No.25, Jubilee Hills, Hyderabad.

AND ...PET|T|ONER

1. The State of Telangana, represented by lts Principal Secretary to Government, Revenue Department, Secretariat, Telangana State.

2. The Chief Commissioner Land Administration, Nampally, Hyderabad.

3. The District Collector, Medchal- Malkajgiri District, At Keesdra.

4. The Revenue Divisional Officer, Keesara, Medchal- Malkajgiri District.

5. The Tahsildar, Keesara Mandal, Medchal- Malkajgiri Distribt. RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.3 herein in not considering the representation dated: 2310912021, submitted by the petitioner, seeking to order for an enquiry and to take stern action on the errant Revenue Staff of the Mandal Revenue Office, Keesara i.e., Respondent No.

S herein and the concerned staff for playing fraud and facilitating the sale of the lands belonging to Government and thereby miserably failed to discharge their duties as enjoined both under the provisions of the Telangana Rights in Land and Pattdar Pass Books Act, 2020, and the Registration Act,. as illegal, arbitrary, unreasonable, unjust, infringement of the Fundamental and Constitutional Rights guaranteed under Article 14, 19,21 and 300-4 of the Constitution of lndia, besides being not in consonance with the Principles of Natural Justice and consequently to direct the Respondent No.3 to consider the representation dated 2310912021 for cancellation of sale deed bearing Document No.313/2021, executed by Ragi Aruna Reddy, in favour of Manga Sreedhar.

lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 to consider the representation dated 231912021 , for an early action as prayed for, pending disposal of the Writ Petition. Counsel for the Petitioner: SRl. G. ANANDAM Counsel forthe Respondents: GP FOR REVENUE The Court at the stage of admission the following: ORDER

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY PETITIoN No.3OO23 of 2O2l ORDER:

Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for all the respondents' With their consent, the Writ Petition is disposed of at the admission stage' 2\ Aggrieved by the action of respondent No 3 in not considering the representation dated 23.O9 '2021 submitted by the petitioner seeking to order for an enquiry and to take stern action against respondent No.S and other concerned staff for playing fraud and facilitating the sale of the lands belonging to the Government, the present writ petition is filed. 3) Having regard to the fact that the petitioner has already filed a representation before respondent No.3, without going into the merits or demerits of the case, the Writ Petition is disposed of, directing respondent No.

3-District Collector to consider and dispose of the representation dated 23 '09.2021 made by the petitioner, strictly in accordance with law, duly putting all the interested parties on notice and affording them an opportunity of hearing, as expeditiously as possible, preferably, within a period of twelve weeks from the date of receipt of a copy of this order' A copy of the order to be passed by respondent No.3 shail be communicated to the parties.

The miscellaneous petitions pending, if any, sha11 stand closed. There shall be no order as to costs.

I SD/.B.SATYAVATHI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The District Collector, Medchal- Malkajgiri District, At Keesara. One CC to Sri G. Anandam, Advocate [OPUC] iwo CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies One Spare Copy CHRduJ

HIGH COURT DATED:2511112021 c_ ST4IC 1$

ORDER

0 2 DE0 ?tt?l (i W.P.No.30023 ot 2021 oo \ 4.

* * DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS